reg 44 Deemed authorisation
(1) Subject to paragraph (4), a vehicle to which this paragraph applies is deemed— (a) to have been authorised under these Regulations; and (b) to have been assessed against the requirements of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 , as notified national technical rules, for the purposes of that authorisation. (2) Subject to paragraph (3), paragraph (1) applies to a vehicle which— (a) is constructed or adapted to transport passengers; and (b) was first brought into use after 31st December 1998 and before 1st August 2006; and (c) is used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain. (3) Paragraph (1) does not apply to— (a) a vehicle to the extent that immediately before 7th July 2008 the vehicle— (i) was authorised or treated as having been authorised under the Railways (Interoperability) Regulations 2006 ; and (ii) had been assessed against the Rail Vehicle Accessibility Regulations 1998 as in force when the unit was assessed for that authorisation; or (b) a vehicle which belongs to a class of vehicles first brought into use on or before 31st December 1998. (4) The deeming provisions of paragraph (1) do not apply for the purposes of— (a) regulation 45; and (b) regulation 4(1) in so far as that regulation applies in relation to any upgrading or renewal of a vehicle to which paragraph (2) applies.